Grant of Radio and Television Broadcasting Station Franchise to Philippine Radio Educational and Information Center

December 30, 1994

REPUBLIC ACT NO. 7847

AN ACT GRANTING THE PHILIPPINE RADIO EDUCATIONAL AND INFORMATION CENTER A FRANCHISE TO CONSTRUCT, INSTALL, OPERATE AND MAINTAIN FOR NONPROFIT, EDUCATIONAL, CULTURAL AND INFORMATIONAL PURPOSES RADIO AND TELEVISION BROADCASTING STATIONS IN THE PHILIPPINES

SECTION 1. Nature and Scope of Franchise. — Subject to the provisions of the Constitution and applicable laws, rules and regulations, there is hereby granted to Philippine Radio Educational and Information Center, hereunder referred to as the grantee, its successors or assigns a franchise to construct, install, operate and maintain for nonprofit, educational, cultural and informational purposes and in the public interest, radio and television broadcasting stations in the Philippines, with the corresponding technological auxiliaries or facilities, special broadcast and other program and distribution services and relay stations, and to install communication facilities for the grantee's private use in its broadcast services.

SECTION 2. Manner of Operation of Stations or Facilities. — The station or facilities of the grantee shall be constructed in a manner as will at most result only in the minimum interference on the wavelengths or frequencies of the other existing station or stations which may be established by law, without in any way diminishing its own right to use its selected wavelengths or frequencies and the quality of transmission or reception thereon as should maximize rendition of the grantee's services and/or the availability thereof.

SECTION 3. Prior Approval of the National Telecommunications Commission. — The grantee shall secure from the National Telecommunications Commission the appropriate permits and licenses for its stations and shall not use any frequency in the television or radio spectrum without having been authorized by the Commission. The Commission, however, shall not unreasonably withhold or delay the grant of any such authority. cdt

SECTION 4. Responsibility to the Public. — The grantee shall provide adequate public service time to enable the government, through the said broadcasting stations, to reach the population on important public issues; provide at all times sound and balanced programming; assist in the functions of public information and education; conform to the ethics of honest enterprise; and not use its stations for the broadcasting of obscene and indecent language, speech, act or scene, or for the dissemination of deliberately false information or willful misrepresentation, or to the detriment of the public interest or to incite, encourage, or assist in subversive or treasonable acts.

SECTION 5. Right of Government. — A special right is hereby reserved to the President of the Philippines, in times of rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order, to temporarily take over and operate the stations of the grantee, to temporarily suspend the operation of any station in the interest of public safety, security and public welfare, or to authorize the temporary use and operation thereof by any agency of the government, upon due compensation to the grantee for the use of the said stations during the period when they shall be so operated.

SECTION 6. Term of Franchise. — This franchise shall be for a term of twenty-five (25) years from the date of approval of this Act, unless sooner revoked or cancelled. In the event the grantee fails to operate continuously for two (2) years, this franchise shall be deemed ipso facto revoked.

SECTION 7. Acceptance and Compliance. — This franchise shall become effective upon acceptance in writing by the grantee. Upon giving such acceptance, the grantee shall exercise the privileges granted under this Act. Nonacceptance shall render the franchise void.

SECTION 8. Tax Provision. — The grantee, its successors or assigns, shall be liable to pay the same taxes on their real estate, buildings and personal property, inclusive of this franchise, as other nonstock and nonprofit corporation/foundation are now or hereafter may be required by law to pay: Provided, however, That the grantee may apply for any tax exemptions when qualified under existing legal provisions. cdt

SECTION 9. Self-regulation by and Undertaking of Grantee. — The grantee shall not require any previous censorship of any speech, play, act or scene, or other matter to be broadcast and telecast from its stations: Provided, That the grantee, during any broadcast and telecast, shall cut off from the air the speech, play, act or scene, or other matter being broadcast if the tendency thereof is to propose and/or incite treason, rebellion or sedition; or the language used therein or the theme thereof is indecent or immoral; and willful failure to do so shall constitute a valid cause for the cancellation of this franchise.

SECTION 10. Warranty in Favor of National and Local Governments. — The grantee shall hold the national, provincial, and municipal governments of the Philippines harmless from all claims, accounts, demands or actions arising out of accidents or injuries, whether to property or to persons, caused by the construction or operation of the stations of the grantee.

SECTION 11. Sale, Lease, Transfer, Usufruct, etc. — The grantee shall not lease, transfer, grant the usufruct of, sell or assign this franchise or the rights and privileges acquired thereunder to any person, firm, company, corporation or other commercial or legal entity, nor shall the controlling interest of the grantee be transferred to any such private person, firm, company, corporation or entity without the prior approval of the Congress of the Philippines. Any person or entity to which this franchise is sold, transferred or assigned shall be subject to all the same conditions, terms, restrictions and limitations of this Act.

SECTION 12. General Broadcast Policy Law. — The grantee shall comply with a general broadcast policy law which Congress may hereafter enact.

SECTION 13. Separability Clause. — If any of the sections or provisions of this Act is held invalid, all the other provisions not affected thereby shall remain valid. acd

SECTION 14. Repealing Clause. — This franchise shall be subject to amendment, alteration, or repeal by the Congress of the Philippines when the public interest so requires and shall not be interpreted as an exclusive grant of the privileges herein provided for.

SECTION 15. Effectivity Clause. — This Act shall take effect fifteen (15) days from the date of its publication in at least two (2) newspapers of general circulation in the Philippines. cd i

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on November 28, 1994 and December 20, 1994, repectively.

Approved: December 30, 1994